A Landlord Owes the Duty of Reasonable Care in Maintaining Safety on His Leased Premises
Holden, Gerry L.
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The Supreme Court of New Hampshire held that landlords owe a duty of reasonable care not to subject others to an unreasonable risk of harm and that the traditional questions of control, hidden defects, and common or public use are no longer prerequisites to the conversation of a landlord’s liability for negligence. The author claims that Sargent is a step in the right direction, holding landlords liable based on fault and imposing a duty of reasonable care upon landlords instead of the common law protections set out under tort law. Further, the author suggests other jurisdictions should adopt the Sargent rationale and absolve the special position held by landlords under tort law.